Accepting Product Liability, Defective Pharmaceutical Drug, and Medical Device Cases Throughout the Country

GoldenbergLaw, PLLC specializes in mass tort lawsuits. Mass tort cases are often consolidated in a multi-district litigation (MDL) for purposes of discovery and bellwether trials. This means that cases pending across the country are consolidated before one Federal judge in order to promote efficient and uniform handling of the litigation. Plaintiffs from all over the country can file into an MDL, but each case in an MDL is still considered on its own merits. GoldenbergLaw has represented thousands of clients nationwide in MDLs. All four of GoldenbergLaw’s attorneys currently hold leadership positions on MDL Steering Committees and have worked extensively on cases filed in MDLs across the country. We have over 30 years of experience and have recovered over $100 million in verdicts and settlements. You deserve justice and advocacy.

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Defective Medical Devices

The purpose of a medical device is to help the patient, and all products have risks. However, a medical device manufacturer has a duty to make a reasonably safe product. Simply put, the benefits must outweigh the risks. A device manufacturer may be held responsible for defective manufacturing, negligent design, and failing to warn of serious risks they knew about but didn’t disclose. They may also be held accountable for failing to following FDA rules.

With over 31 years of medical device experience representing thousands of clients, national leadership, and a strong record of obtaining substantial settlements for our clients, GoldenbergLaw and our defective medical device lawyers in Minneapolis are here to help you recover physically, emotionally, and financially.

Defective Medical Device Quick Facts

Overview

The FDA approves medical devices for sale, but it does not guarantee that a particular product is safe. Medical device defects are often categorized as either design defects (which are part of the basic design of the product, including the marketing and warnings), or manufacturing defects (which occur as an unintended consequence of the manufacturing process such as contamination). Whether a claim is based on strict liability or negligence depends on the type of defect involved and the warnings that were given (or not given). The type of FDA approval process will often determine whether litigation is allowed under the law. We can usually tell you this in the initial phone call.

Design
While competition can fuel innovation, it also can lead medical device companies to design products quickly and rush them to market. This can sometimes lead to design flaws. Additionally, if a device is similar enough to an existing model, the FDA allows a fast-track approval process that can miss key dangers.

Manufacturing
While the government requires drug and medical device manufacturers to perform adequate tests on their products, there are ways to bypass more stringent testing — and medical device manufacturers know all the tricks to get a product to market. Flaws in making the product and contaminations are all theories we will fully investigate with our national experts.

Marketing
Manufacturers of medical devices have a legal duty to follow the FDA label and to warn doctors of potential risks associated with their products. The risks must also be updated when manufacturers learn of new additional risks even after FDA approval. We have succeeded in cases where manufacturers have over-promoted the product to doctors and failed to discuss the real risks of using the product.

Injuries and Liability

Injuries

Depending on the device, the injuries that you suffered from a defective medical device can be wide-ranging. However, not all injuries are physical. There are also emotional and financial damages that a defective medical device can cause.

Liability

The liability for injury caused by a defective medical device depends on the individual facts of your case. GoldenbergLaw does its research on the science before we take any case. The medical literature, case reports, or reports to the FDA may all help us prove your case. We then consult with top medical and scientific experts to understand the defect in the product and how we will prove it. This research allows us to formulate a criteria that all cases must meet for us to proceed.

What We Are Working On

The best way to determine who is liable for your injury and if you meet this criteria is through a one-on-one consultation with a medical device lawyer in our Minneapolis office. Here are some cases that we can help you with:

A monitoring system used by patients taking Warfarin to measure the blood’s ability to clot. Recalled for giving inaccurate results potentially leading to an improper dose of Warfarin causing excessive bleeding, hemorrhagic stroke, and death.

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True Story

“Joe” worked at a local hospital as an EMT. In the past, he had injured his back and required a fusion. His doctor used a medical device to assist with this surgery. Unfortunately, Joe had a severe adverse reaction to the product and ultimately had seven additional surgeries. Joe contacted GoldenbergLaw, and found out that we represented hundreds of other injured clients on the same device. Our firm became the co-lead counsel on 850 cases litigated around the country. After three hard-fought years of litigation, Joe and the other clients were able to receive a confidential settlement for their injuries.

Medical Device Recalls

StrataMR Adjustable Valves and Shunts

In April 2017, Medtronic and the FDA issued a worldwide recall on Strata MR adjustable valves and shunts sold from February 22, 2017 to April 24, 2017. The devices can malfunction causing headaches, nausea, vomiting, lethargy, coma, and death.

On April 10, 2017 Zimmer Biomet issued a Class I Recall on its SpF® PLUS-Mini (60μA/W) & SpF® SpF XL IIB Implantable Spinal Fusion Stimulators distributed from March 28, 2017 to April 6, 2017. The device was recalled after finding that the device could release chemicals into the body that can be toxic to tissue and organs. A negative reaction to these chemicals can lead to chronic infection, long term hospitalization, paralysis, and death.

What Our Clients Are Saying

“I wanted to write you a short note to express my sincere thanks for your efforts on my case. It was greatly appreciated and I am very grateful for your help. It was a long and difficult struggle and I am sure without your help I would not have had any success with them. You are a real professional.”

– Scott M.

What Our Clients Are Saying

“I just don’t think that there are words to express my gratitude for all you have done for Rey and me. It is not often in life that one gets a second chance, a “do-over.” Nothing will ever replace “…” but with your persistence and hard work a settlement was received and for that Rey and I are extremely grateful.”

– Anne N.

What Our Clients Are Saying

“Thank you again for your outstanding work on my case. I’ll never forget how much you helped me!”

– Barbara A.

Why Choose GoldenbergLaw?

If you have any questions, or if you would like to speak with an attorney regarding your defective medical device injury, please do not hesitate to call our medical device attorneys at our Minneapolis office toll-free at 800-903-1643. If you prefer, you may fill out the form on the Contact Us page of this web site, and a representative from our office will be in touch with you shortly. Call us. You will sleep better.